There were strong advocates in Congress for the use of black soldiers – but there were strong opponents as well, especially in the Border States. Historian John T. Hubbell wrote: “For practical political reasons, Lincoln did not openly lead the movement toward the enlistment of blacks. Prior to 1863, long before he expressed enthusiasm for the idea, he allowed others to take the first steps; he remained silent, overruled them, or caused them to be overruled. He was always sensitive to political considerations and to the perquisites and powers of his office. Timing, the right moment, was critical – and Lincoln always deemed himself a better judge of the moment than those who advised him formally or informally.

On July 17, 1862, Congress passed the Militia Act which authorized the use of black soldiers. Dudley Cornish Taylor noted: “But even the Militia Act, radical though it was, did not give David Hunter the full and specific support his experiment needed…It was no solution to the pressing problems that Hunter faced, the practical military problems of appointing military officers to whip the new regiment into shape and to lead it in the field, and of paying the black companies. Lincoln had the authority himself or to delegate it to his erstwhile friend at Hilton Head.” According to Lincoln biographers John G. Nicolay and John Hay: “Though he felt constrained to postpone a systematic organization of negro troops for active campaigns, he nevertheless expressed his willingness ‘that commanders should, at their discretion, arm, for purely defensive purposes, slaves coming within their lines’; and on August 25, 1862, the Secretary of War formally authorized General [Rufus] Saxton, in command at Port Royal, to arm, uniform, equip, and drill not exceeding 5000 volunteers of African descent to guard and protect the plantations and settlements at Port Royal and elsewhere.”